mod 8

Question 1

Deinstitutionalization

Answer 1

process of moving
individuals with mental health conditions or
developmental disabilities out of large, state-run
institutions and into community-based care
settings

Question 2

Not Criminally Responsible on
Account of Mental Disorder
(NCRMD)

Answer 2

the legal concept that determines whether an individual can be
held accountable for committing a crime based on their mental
state and actions at the time of the offense.

Question 3

A crime is held to consist of two components:

Answer 3

(1) the actus reus (Guilty Act)
(2) the mens rea (Guilt Mind)

Question 4

M’Naghten Rule

Answer 4

a person could be excused from criminal responsibility if, at the
time of the crime, they were unable to understand the nature of their act or did not
know it was wrong

Question 5

A Verdict of NCRMD: 3 possible outcomes

Answer 5

• Detention in custody in hospital
• Conditional discharge
• Absolute discharge

Question 6

Fitness to Stand Trial

Answer 6

the legal concept that evaluates whether the person is mentally
capable of understanding the charges against them, the
courtroom process, and whether they can adequately assist in
their defense

Question 7

A person unfit to stand trial if they are incapable of the following on
account of mental disorder:

Answer 7

• understanding the nature or object of the proceedings,
• understanding the possible consequences of the proceedings; and
• communicating with counsel

Question 8

Automatism Defense

Answer 8

Legal defense arguing that the defendant did not have conscious control over their actions
at the time of the crime

Question 9

Mental Disorder (Insane) Automatism

Answer 9

• Involuntary action results from “disease of mind”
• Subsumed by defense of mental disorder

Question 10

Non-Mental Disorder (Sane) Automatism

Answer 10

• Mental disorder diagnosis not needed
• Examples: Sleepwalking, seizure, extreme stress, head injury
• Can lead to acquittal

Question 11

Permanently Unfit Accused

Answer 11

No foreseeable prospect that their condition will improve

Question 12

Court can order stay of charges if…

Answer 12

• the accused is unlikely to ever become fit;
• the accused does not pose a significant threat to the safety of the public; and
• a stay of proceedings is in the interests of the proper administration of justice

Question 13

Barriers to Mental Health Services

Answer 13

Offender resistance to treatment
* Distrust of services
* Stigma and reputation concerns
* Prior Negative experiences
* Attitudes towards help-seeking
Institutional barriers
* Limited resources: funding constraint, staff shortages & high turnover
* Systemic instability: frequent transfers, punitive measures
* Program availability: Lack of culturally- and trauma-informed programs
* Reliance on segregation and lockdowns: prevents access to treatment
Mental Health Commission of Canada, 2024; Morgan et al., 2007